Control of the Red Palm Weevil Regulation, 2009

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,376, 6 ta’ Frar, 2009

Taqsima B

L.N. 42 of 2009

PLANT QUARANTINE ACT

(CAP. 433)

Control of the Red Palm Weevil Regulation, 2009

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, the Minister for Resources and Rural Affairs has

made the following regulations:-

The title of these regulations is the Control of the Red

Palm Weevil Regulations, 2009.

These regulations concern the measures to be taken to

control and contain the Red Palm Weevil [Rhynchophorus ferrugineus

(Olivier)] and to prevent it from spreading and the implementation

of Commission Decision (2007/365/EC) of 25th May, 2007 on

emergency measures to prevent the introduction into and the spread

within the Community of Rhynchophorus ferrugineus (Olivier), and

amendments.

In these regulations, unless the context otherwise

requires

“the Act” means the Plant Quarantine Act;

“the Commission” means the Commission of the

European Community;

“the Department” means the Plant Health Department;

“the Director” means the Director Plant Health

Department;

“the Minister” means the Minister responsible for

agriculture;

“the pest” means the Red Palm Weevil [Rhynchophorus

ferrugineus (Olivier)];

“susceptible plants” means plants, other than fruit

and seeds, having a diameter of the stem at the base of over

5cm of Areca catechu, Arenga pinnata, Borassus flabellifer,

Brahea armata, Butia capitata, Calamus merillii, Caryota

maxima, Caryota cumingii, Chamaerops humilis, Cocos

nucifera, Corypha gebanga, Corypha elata, Elaeis guineensis,

Livistona australis, Livistona decipiens, Metroxylon sagu,

Oreodoxa regia, Phoenix canariensis, Phoenix dactylifera,

Phoenix theophrasti, Phoenix sylvestris, Sabal umbraculifera,

Trachycarpus fortunei and Washingtonia spp.’.

(1) On the occurrence or suspected occurrence of the pest

in any plant, the Department shall be empowered to register the

infected plant.

(2) Plants that are infected or suspected of being

infected shall, to the satisfaction of the Director, be either felled or

treated in the approved manner, so that they are no longer infected

and, or do not pose any longer, in any manner whatsoever, a danger

of proliferation of the pest.

(1) Any person, entity, authority or any other legal entity

which is responsible for the property where susceptible plants are

situated, is obliged to register such plants with the Department,

within 30 days from the publication of these regulations.

(2) Any entity, governing body, local council or any

other legally constituted body, which is responsible for any areas

and, or territories on which any susceptible plants are found, are

obliged to keep a record of all the susceptible plants within their

areas and, or territories.

(1) If any person, entity, authority or any other legally

constituted body, within twenty-four hours of its knowledge of the

presence and discovery of the pest, fails to notify the Department

with the relevant and accurate information denoting the presence

and, or discovery of the pest, shall be liable to a fine in terms of

article 30(1) of the Act.

(2) If the Department finds traces of the presence or

possible presence of the pest in a plant and, or on the property it

shall

(a) send a seven day notification letter to the occupier,

possessor, lessee, resident, owner of the plant or property,

where the owner, possessor, lessee, resident or owner is known

to the Department, informing about the presence or the likely

presence of the pest and that action is to be taken within seven

days according to the instruction given in the letter; or

(b) when the occupier, owner, possessor or lessee

is unknown to the Department, the Department shall affix a

notice for seven days informing about the presence or the likely

presence of the pest, on the façade, wall or border surrounding

the property and instructing necessary action to be taken within

seven days from the date of the notice.

Such persons shall be obliged to treat and or fell that

plant or take any other action deemed necessary on the plant and

or in the demarcated property in terms of instructions given by the

Department within that period of time.

(3) The person who is responsible for the property

where the plant is situated shall be obliged to follow the instructions

given by the Department to eradicate and, or treat the plant against

the pest. Should the Department decide to fell the plant then the

person shall proceed forthwith to follow the Department’s directions

for its felling and disposal.

(4) The felling of infected susceptible plants and their

subsequent disposal shall be regulated by these regulations and by

the Director, who may, from time to time, issue the appropriate

method for such felling and disposal, which any person, carrying

out such act, shall rigorously adhere to under the supervision of the

Department.

(5) Failure on the part of such person to adhere to

the Department’s instructions within the seven day notice period

will entitle the Department, or any person or entity on behalf of

the Department, to enter and have access to the property, with

the assistance of the Police, if necessary, and take any necessary

action to eradicate the pest. Such person may be liable to a penalty

in terms of article 30(1) of the Act. Should such person restrict or,

in any manner whatsoever, impede the Department in taking all

the necessary steps to eradicate the pest, such person may also be

liable to criminal proceedings in terms of the Criminal Code if the

circumstances so merit.

(6) All susceptible plants frond pruning or any similar

activity shall be carried out in collaboration with and under the

supervision of the Department which shall give proper and adequate

instructions for such pruning. Any such or similar activity cannot

be carried out unless a written approval for such pruning or similar

activity has been obtained from the Department, not less than fifteen

days prior to the undertaking of the actual pruning or similar activity

to be undertaken.

(1) The Minister shall have the right to appoint a Board

to advise on the control and monitoring of the spreading of the pest

and on preventing its further introduction to Malta.

(2) The Board shall be composed of not more than ten

members, two of whom shall be the Director and a representative of

the Surveillance and Inspectorate Unit within the Department .

(3) This Board shall only be consultative in nature and

shall not have any powers to decide on any matter stipulated in these

regulations.

No activity of whatever nature, concerning any susceptible

plant material, including fronds, may be undertaken unless prior

written authorisation has been obtained from the Director, who

may, from time to time, issue relative guidelines in terms of these

regulations and in terms of the Act. Any person responsible for such

activity without the requisite written authorisation, shall be liable to

a penalty in terms of article 30(1) of the Act.

(1) Any entity, governing body, local council or any other

legally constituted body, which manages and, or administers or is

responsible for any areas and, or territories on which any susceptible

plants are found, shall be obliged to follow the guidelines issued

by the Department and which the Director may, from time to time,

deem necessary to issue.

(2) Failure by such entity, governing body, local council

or any other legally constituted body to abide by the Department’s

instructions shall entitle the Director to gain access to any premises

and, or property and to take any action which is deemed necessary in

terms of these regulations. All expenses incurred by the Department

in exercising such action shall be borne solely by the entity, governing

body, local council or any other legally constituted body on whose

property or premises the plants are found.

(1) All importation and, or movement of susceptible

plants shall only be allowed after the necessary written approval

has been sought and obtained from the Department at least 24 hours

before. The importation and, or movement of susceptible plants

must conform to the relevant national legislation and relative EU

Directives and Commission Decision (2007/365/EC) of 25th May,

2007 on emergency measures to prevent the introduction into and

the spread within the Community of Rhynchophorus ferrugineus

(Olivier) and its amendments.

(2) Failure to obtain such authorisation and, or to adhere

strictly to these regulations and to Commission Decision 2007/365/

EC and its Annexes will entail the person to a penalty in terms of

the Act and the forfeiture and destruction of the said susceptible

plants.

(1) The Director shall revoke the measures taken to

control the pest or to prevent it from spreading only if the Director

is satisfied that it is no longer present and no further risks exist.

(2) These regulations are without prejudice to the

Trees and Woodlands Protection Regulations, 2001 and subsequent

amendments.

(3) Nothing in these regulations shall be construed to

contravene the provisions of the Act and regulations thereunder, and,

or relative European Union Regulations, Directives and Decisions

in particular, but not exclusive of, the Decision taken by the EU

Commission dated 25th May, 2007 relating to the Red Palm Weevil

[ Rhynchophorus ferrugineus (Olivier)].

(4) Without prejudice to the provisions of these

regulations, the Director is empowered to issue additional and

stricter guidelines, as may be required, and which are conducive to

preventing the spread of the pest and its further entry into Malta.

B

€0.28